I have signed an Exclusive Buyer Agency Agreement with a realtor not knowing what I was really getting into.

Asked by Dmhfactor, Kansas City, MO Fri Jun 5, 2009

It still has three to four months to go. I am not happy with her performance. What can I do? I believe she is the broker. Can I just submit my offer directly to the listing agent disclosing that I am working with another agent?

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8
Chris Mabry…, , Tucson, AZ
Fri Jun 5, 2009
Hello,
Alan is right. You can't plead ignorance and pretent like the buyer agreement just doesn't exist. Unless you want to end up paying the agent's commission yourself. Your question is lacking in some inmportant details as far as why you are not happy with the agent's performance. Maybe some further explanation is in order. Do not bypass your agent and submit any offers directly unless you want to be in legal trouble. I think your best bet is to carefully read the buyer/broker agreement, you do have a copy, don't you? Then go to your agent and lay it all out for her. If you are truly unsatisfied and feel like she isn't doing her job, tell her so. Chances are that she isn't getting along with you well either and may just let you go your own way. Best of luck to you!
1 vote
Cameron Novak, Agent, Corona, CA
Thu Feb 14, 2013
You'd do well to read before you sign, but you can request she cancel the agreement. If she's a reputable agent/broker, she won't refuse.

If you do not get out of your agreement before buying another home, you run the risk of a lawsuit for the commission that your current agent will miss out on. Be careful.

Good luck.
0 votes
Hena Martin, Agent, Hot Springs, CA
Tue Feb 5, 2013
If you are concerned sounds like you desire a change ,why not talk to her/him and express your feeings and obviously uninformed or you say, didn't know .I wouldn't hold a client by thread the service in my opinion should tie, you together ,HENA MARTIN BROKER henamaritnoo7@hotmail.com 760-251-2868
0 votes
Keith Sorem, Agent, Glendale, CA
Sat Jun 6, 2009
D
I would recommend that you have a conversation with the Realtor regarding your progress so far.
Discuss your expectations. The biggest problem client relationships suffer is unmet expectations.

I would make a list of what has occurred and go through each item. It may be that they don't understand what you want, or it may be that they have never been asked to perform in the manner that you need.

How did you find this Realtor? A referral is always best, in my experience.
When working long distance having a local Realtor that you know and trust find you a Realtor in MO would provide an additional layer of support.

Also, there are different cultures. You are CA, she is MO. Believe me, life is different in Missouri. I had a similar experience when I started as a real estate investor. I wanted to buy a home in my home town...a small farm town. The local Realtors drove me nuts because they were so laid back. But the problem was not theirs, it was mine. You cannot change people. You need to find the right people who are willing to work in a way that will support your aims....which may mean them telling you "that's not how it's done around here". If you are thinking of becoming an absentee landlord, then you need to start learning how the local think, because one of them may be managing your investment property.
0 votes
Alan May, Agent, Evanston, IL
Fri Jun 5, 2009
You're entirely welcome. Good luck.
0 votes
Dmhfactor, , Kansas City, MO
Fri Jun 5, 2009
Thank you, Alan, Chris, & Mabry for your input.

My partner entered into the agreement so I was surprise when I did not see any escape or cancellation clause after I reviewed it.

The reason I am unhappy with her is that we do not get status on the offers we have submitted in a timely manner. FYI, we are an out-of-state investor in MO from CA investing in REO properties. Her reason for not giving us status is that the listing agents do not get back to her at all either. To circumvent that, I think I can submit my offers directly to the listing agent but declare on my offer that I am working with another agent. I know I will still need my agent once an offer is accepted so she will still work and get paid her commission.

Other reasons for letting her go are:
- She does not feed us enough new leads. We basically hunt for them ourselves. If another agent provides us other leads, I should not be obligated to pay commission to someone else.
- The format of the information she provides via email is antiquated. Other agents I have worked with provides a link to a website that allows me to view all the information I need, i.e., pictures, etc.

Chris may be right that she may also be unhappy with us since we make very low initial offers in this kind of investment. However, we made it clear that those are initial offers. We will go up with our offer as needed. That's what counter-offers are for. We just need input.
0 votes
Rebecca Cham…, , Palos Verdes Estates, CA
Fri Jun 5, 2009
If you signed and Exclusive Buyer Agency, then you must cancel that agreement before you can proceed on your own (to which you would not get a commission) or with another agent.

I would suggest you first approach your agent and have a conversation about why you are unhappy with her perfomance and see if she can either rectify the situation or will release you from the EBA. Most good agents will.

Good luck.
0 votes
Alan May, Agent, Evanston, IL
Fri Jun 5, 2009
you can submit your offer directly, but your agent (due to the EBA) will still be paid, so why not take advantage of her services.

If you're truly unhappy with her, read your EBA, and see if there is a cancellation (or escape) clause, and what you must do to fulfill it.

You've signed a legal document, and you can't just get around it by ignoring it.
0 votes
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